Shubhani Mittal | Vivekananda Global University | 20th January 2020
Kathi David Raju versus the state of Andhra Pradesh & Anr CRIMINAL APPEAL NO. 1186 OF 2019
Facts –
The respondents, in this case, filed First Information Report under sections Sections 465, 468, 471 and 420 IPC against the appellant- Kathi David Raju. The cause of FIR was that the appellant had obtained a fake scheduled cast certificate of cast ‘Yanadi’ whereas he belonged to ‘Telanga’ cast.
The appellant on the basis of the fake caste certificate obtained employment and stated working as Additional Assistant Engineer in V.T.P.S. Electricity Generation Corporation.
The original name of the appellant was ‘Immadabathina Veeranjaneyulu’ instead of ‘Kathi David Raju’ which he stated in the cast certificate. Not only this, two children of the appellant had also obtained a fake cast certificate of ‘Yanadi’ caste.
On the basis of this FIR, the appellant was arrested and was sent to the judicial remand. An application was filed before the Additional Junior Civil Judge, requesting the court to conduct a DNA test of the appellant, the mother as well as the two brothers of the appellants.
The Additional Junior Civil Judge ordered to conduct a DNA test of the appellant, the mother and two brothers.
Aggrieved by this order, appellants filed an application under Section 482, Cr.P.C. in the High Court contending that the learned Magistrate committed an error in directing for conducting DNA test on insufficient grounds and material. The Investigation Authorities have not completed the investigation and as roving and fishing enquiry, they cannot be permitted to conduct a DNA test on the appellant.
However, learned counsel appearing for the respondent submitted that the police authorities had rightly requested the Court for permitting them to conduct DNA test since the allegations in the FIR have been made that the appellant is son of ‘Venkat Kotaiah’ whereas he claimed to be son of ‘Yedulcondalu’ and Section 53 Cr.P.C. empowers the police officer to request for DNA test.
Judgement –
The bench noticed that that investigation was not yet completed and material evidence are to be collected. The police authorities without being satisfied on material collected or conducting substantial had jumped on the conclusion that DNA test should be obtained which is nothing but a step towards roving and fishing enquiry on a person, his mother and brothers. It was too early to request for the conduct of DNA test without carrying out substantial investigation by the police authorities. There should be an appropriate satisfaction for the requirement of such a test.
The Bench thus found that the order of the Magistrate was unsustainable and the decision of the High Court upholding the same was erroneous. It, therefore, allowed the appeal and set aside the judgment passed by the High Court.
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